Chapter 76 — Chapter 76

of property; failure to comply with order. A. The chairman of the board of county commissioners governing the noxious weed control district shall give written notice to each land occupier within the district informing him of the control measures that are in effect on his land and…

financial report. A. The governing body of the district may levy an annual uniform assessment against the land within the district not to exceed five cents ($.05) an acre for the purpose of paying the expenses of the district. The county treasurer of each county wherein a weed co…

Assessments by local district assessors shall be subject to the same delinquency period, discounts, penalties and interest as are applied to the collection of ad valorem taxes. The district governing body shall refer a delinquent assessment to a district attorney in the county of…

The governing body of the district may incur all necessary expenses, within the limitations of the district assessment collections, which are in keeping with the purposes of the Noxious Weed Control Act [76-7-1 to 76-7-22 NMSA 1978]. The board may employ one or more inspectors, i…

A. Upon petition to the district governing body, by one or more landowners residing outside the district, asking for inclusion into the district of specified lands, the governing body of the district shall examine the petition, and after appropriate public hearings make a determi…

As used in the Noxious Weed Control Act [76-7-1 to 76-7-22 NMSA 1978]: A. "noxious weed" means any weed or plant which the board of county commissioners acting as the governing body of the district, and with the advice of the county agent, declares to be harmful or to possess nox…

election. A. Upon petition, presented to the governing body of the noxious weed control district, signed by one-quarter of the landowners or land occupier's [occupiers] residing within the district and asking for an election upon a proposal to dissolve the district, the board of …

district. Returns of the election shall be made to the board of county commissioners acting as governing body of the district, which shall canvass the returns and enter an order declaring the results of the election. If a majority of the votes cast at the election are against dis…

If the results of the election require the dissolution of the district and there is not on hand sufficient money to pay off all claims against the district and if the annual assessments already levied will not provide sufficient funds for the payment of claims, the board shall ha…

This act [76-7-23 to 76-7-30 NMSA 1978] may be cited as the "Noxious Weed Act of 1963." History: 1953 Comp., § 45-10-24, enacted by Laws 1963, ch. 203, § 1.

As used in the Noxious Weed Act of 1963 [76-7-23 to 76-7-30 NMSA 1978]: A. "board" means the board of regents of New Mexico state university; B. "noxious weed" means any species of plant which is liable to be detrimental or destructive, and difficult to control or eradicate; C. "…

The Noxious Weed Act of 1963 [76-7-23 to 76-7-30 NMSA 1978] shall be administered and enforced by the board through the state department of agriculture. History: 1953 Comp., § 45-10-26, enacted by Laws 1963, ch. 203, § 3.

The board or its agent may inspect any facility or ground where noxious weed seeds are sold, stored, transported or planted. History: 1953 Comp., § 45-10-27, enacted by Laws 1963, ch. 203, § 4.

Whenever the board receives a petition signed by twenty-five New Mexico landowners requesting that certain weeds be declared noxious, it shall hold a public hearing. At least ten days prior to the hearing, notice shall be published in at least one newspaper of general circulation…

After any weed is declared to be noxious by the board, it shall be unlawful to sell, give away or plant any noxious weed seed in this state or in that part of the state designated by the rules and regulations of the board. This section shall not apply to materials not sold as see…

The board may prescribe and enforce rules and regulations, pertaining to the sale, transportation or distribution of noxious weed seeds, necessary to carry out the provisions of the Noxious Weed Act of 1963 [76-7-23 to 76-7-30 NMSA 1978]. History: 1953 Comp., § 45-10-30, enacted …

A. Noxious weed control districts may be organized under the provisions of the Noxious Weed Control Act [76-7-1 to 76-7-22 NMSA 1978] to include the area of any county or counties, or any portion thereof; except that no district shall contain less than one thousand, two hundred a…

Any person, firm or corporation violating the Noxious Weed Act of 1963 [76-7-23 to 76-7-30 NMSA 1978] is guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five dollars ($25.00), nor more than three hundred dollars ($300). History: 1953 Comp., § 45-10…

Petitions for the organization of a noxious weed control district shall designate the name of the district and the proposed area and boundaries to be included in the district. If the proposed district lies wholly within one county, the petition shall be presented to the board of …

Upon receipt of a petition for the organization of a noxious weed control district the board of county commissioners wherein the petition is filed shall make an order setting the date for the hearing of the petition. The petition may be considered at a regular or special session …

commissioners. A. Any person whose land is included in or would be affected by the creation of a noxious weed control district, may upon the day set for the public hearing appear and contest the creation of the proposed district and may offer testimony to show whether or not the …

A. Upon determination by the board of county commissioners that the proposed noxious weed control district is necessary for the reclamation or safeguarding of the lands specified in the original or modified petition, they shall order an election for the purpose of submitting to t…

A. At any election for the consideration of a proposed noxious weed control district, only the following persons shall be eligible voters: (1) all persons who are owners of agricultural land within the district or have evidence of title to the lands or who are purchasers under co…

permitted. A. The board of county commissioners shall furnish sufficient printed ballots for all voters at each election in the district. The ballots for the election shall contain a place for the elector to vote for or against the formation of the proposed district. Each voter s…

This act [76-7A-1 to 76-7A-11 NMSA 1978] may be cited as the "Harmful Plant Act." History: 1978 Comp., § 76-7A-1, enacted by Laws 1978, ch. 125, § 1.

In order to prevent the introduction, spread or dissemination of a harmful plant, the department, after written notice to the owner or his agent, may detect, take possession [of], stop movement [of], eradicate, suppress, control, treat, prevent or retard the spread of or destroy …

A. Any person who knowingly violates any provision of the Harmful Plant Act or any regulation adopted by the board pursuant thereto is guilty of a petty misdemeanor and, upon conviction, shall be punished by a fine of one hundred dollar ($100). Each day of violation shall constit…

As used in the Harmful Plant Act: A. "article" means soil, seeds, unprocessed feeds, packaging materials, nursery stock, machinery or anything capable of transporting or harboring a harmful plant; B. "board" means the board of regents of New Mexico state university; C. "departmen…

A. The board, through the department, shall administer and enforce the provisions of the Harmful Plant Act. B. The board may: (1) adopt such regulations as it deems necessary to administer and enforce the provisions of the Harmful Plant Act; (2) accept grants of money from any st…

The board may quarantine the state or any portion thereof whenever the department determines that a harmful plant exists therein and that such action is necessary to prevent the introduction of a harmful plant into the state or to retard the spread or dissemination of a harmful p…

If it has reasonable cause to believe that a harmful plant exists and there is an immediate need to prevent its introduction, spread or dissemination in New Mexico, the department may impose a temporary quarantine on the state or any portion of the state to prevent the introducti…

respect to livestock. The department may quarantine any domestic livestock, captive wildlife or captive estray animals suspected [of exposure] or knowingly [known to be] exposed to a harmful plant. The quarantine shall not exceed a period of ninety-six hours or for such lesser pe…

When a quarantine is in effect, no person shall move any harmful plant described in the order from the quarantined area in this state into or through other parts of this state or from the quarantined area in other states into or through this state contrary to the provisions of th…

A. After a hearing the board may, by regulation, designate a plant to be a harmful plant when it finds that the plant is not known to occur in or is new to or not widely distributed in the state and may: (1) directly or indirectly injure crops or other useful plants; (2) be poiso…

No person shall knowingly move a harmful plant or article that is capable of harboring a harmful plant into or within New Mexico unless such person is granted a permit for such purpose by the department in accordance with regulations of the board. The department may refuse to iss…

This act [76-7B-1 to 76-7B-7 NMSA 1978] may be cited as the "Rangeland Protection Act". History: Laws 1985, ch. 53, § 1.

The legislature finds and declares that: A. vast rangeland areas are producing less than their potential for the grazing of livestock, wildlife habitat, forage and water and soil conservation benefits; and B. it is essential to the general welfare of this state to apply methods t…

As used in the Rangeland Protection Act: A. "committee" means the rangeland protection advisory committee; B. "department" means the New Mexico department of agriculture; C. "protection" means the control or management of undesirable brush or other weed species and any associated…

The department shall coordinate rangeland protection projects developed under the Rangeland Protection Act. In the performance of its function, the department shall: A. establish contact with ranchers, Indian tribes and pueblos, local soil and water conservation district boards a…

A. There is created the "rangeland protection advisory committee". The following persons or their designees shall be members: the director of the New Mexico department of agriculture, the chairman of the range improvement task force, college of agriculture of New Mexico state uni…

Rangeland protection projects covering federal, state, Indian-owned and privately owned rangeland shall be funded as follows: A. the appropriate federal department, bureau, agency or committee with authority for allocating funds, in cases where they participate, shall provide fun…

The department shall insure the implementation of programs to collect and disseminate information relating to the purposes of the Rangeland Protection Act. Such programs shall include but not be limited to: A. collecting results from all possible sources on research about rangela…

A. In all areas of New Mexico where the production of livestock is managed upon intermingled private, state and federal land, landowners, lessees and permittees may provide for the development and implementation of a management plan. If a landowner, permittee or lessee elects to …

This act [76-7D-1 to 76-7D-6 NMSA 1978] may be cited as the "Noxious Weed Management Act". History: Laws 1998, ch. 78, § 1.

A. The legislature finds that noxious weeds have caused extensive economic damage in New Mexico. Specifically, the presence and spread of noxious weeds: (1) decreases land values and productivity, forces out nutritious forage for livestock and often causes the death of livestock …

As used in the Noxious Weed Management Act: A. "director" means the director of the New Mexico department of agriculture; B. "landowner" means a person who holds title to real property, is the holder of a right-of-way easement or is a designated land manager; C. "noxious weed" me…

A. The director shall coordinate integrated noxious weed management programs. To carry out such programs, the director shall: (1) select the species of weeds to be targeted as noxious weeds for control or eradication pursuant to the Noxious Weed Management Act; (2) identify the m…

The director shall administer the provisions of the Noxious Weed Management Act subject to the directives, policies and regulations of the board of regents of New Mexico state university. History: Laws 1998, ch. 78, § 5.

A. If the director or his designee becomes aware of the presence of noxious weeds on nonpublic land, the director shall notify the landowner of the noxious weeds and the methods for controlling them. However, nothing in the Noxious Weed Management Act shall be construed to permit…

The following plants shall constitute the protected group in New Mexico and the botanical names shall govern in all cases: A. fern family (Polypodiaceae): gymnogramme (Gymnopteris hispida) common maidenhair fern (Adiantum capillus-veneris) chain fern (Woodwardia plummerae) spleen…